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HomeMy WebLinkAboutCity Council Minutes 10-24-1995MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 24, 1995. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Helliwell, Edson, and Anderson. ABSENT: Councilmember Granath. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community Development Director Hurlburt, Public Works Director Moore, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, Planning Supervisor Senness, City Engineer Faulkner, Engineer Quanbeck, Senior Engineering Technician Campbell, Park Superintendent Peterson, Fire Chief Kline, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 PLYMOUTH FORUM No one appeared for the Forum. ITEM 4 FIREFIGHTERS, OATHS OF OFFICE Fire Chief Kline introduced Firefighters Steve Elliott, Gerard Ferrer, Gregg Tarara, and Paul Tomczik. Clerk Ahrens administered their oaths of office. ITEM 5 APPROVE AGENDA Manager Johnson stated that Item 6 -II has been withdrawn from the agenda at the request of the applicant, Nedegaard Construction. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Mayor Tierney removed Item 6-N and placed it before the public hearings. Councilmember Anderson asked if Items 6-S and 6-T are interrelated. Manager Johnson explained that Items 6-S and 6-T are different subjects but related. Both will eventually address housing policy for the City. He noted that the recommendation for Item 6-S has been amended from accepting the report to acknowledging receipt of the report. Councilmember Anderson removed Items 6-S and 6-T from the Consent Agenda and placed them as Item 8-B. Regular Council Meeting October 24, 1995 Page 2 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to approve the minutes of the September 5, September 19, and October 3 Regular Council Meetings. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-605 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 13, 1995. Motion carried, six ayes. ITEM 6-C ESTABLISH SPECIAL MEETING ON NOVEMBER 8 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-606 ESTABLISHING SPECIAL COUNCIL MEETING TO CANVASS RESULTS OF NOVEMBER 7 GENERAL ELECTION. Motion carried, six ayes. ITEM 6-D CERTIFICATE OF EXEMPTION FOR WETLAND CONSERVATION ACT, IINNDERCARE LEARNING CENTER MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to approve the Certificate of Exemption under exemption Number 10 and Number 25 in accordance with the 1991 Wetland Conservation Act for Lot 1, Block 1, Plymouth Hills Third Addition (Kindercare Learning Center) (95088). Motion carried, six ayes. ITEM 6-E ORDINANCE RELATING TO CIVIL AND CRIMINAL LIABILITY MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt ORDINANCE 95-49 AMENDING CHAPTER 9, SECTION 930.11 OF THE PLYMOUTH CITY CODE CONCERNING CIVIU/CRI[MINAL LIABILITY. Motion carried, six ayes. ITEM 6-F APPROVE POLICY REGARDING PRE -PAYMENT OF CLAIMS MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-607 AUTHORIZING THE CITY'S DIRECTOR OF FINANCE TO PAY CERTAIN CLAIMS. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 3 ITEM 6-G ORDINANCE ADDRESSING NOISE FROM LOADING DOCKS, RESPONSE TO HOMEOWNERS LIVING ADJACENT TO AMERIDATA 95015 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to direct the City Attorney to prepare an ordinance addressing noise from loading docks within 300 feet of residential property lines. Motion carried, six ayes. ITEM 6-H CALIBER DEVELOPMENT CORPORATION. APPROVE SITE PLAN FOR BASS LAKE BUSINESS CENTRE (95102) MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-608 APPROVING SITE PLAN FOR CALIBER DEVELOPMENT CORPORATION FOR PROPERTY LOCATED EAST OF NATHAN LANE AT 55TH AVENUE NORTH 95102). Motion carried, six ayes. ITEM 6-I CITY OF PLYMOUTH. LOT DIVISION FOR 18025 12TH AVENUE NORTH (95103) MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-609 GRANTING A VARIANCE FROM THE PROVISIONS OF SECTION 500 OF THE PLYMOUTH CITY CODE, SUBDIVISION AND PLATTING OF LAND (95103). Motion carried, six ayes. ITEM 64 APPROVE PAYMENT OF INTEREST ACCRUAL RELATING TO HARDENBERGH PROPERTY MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-610 APPROVING INTEREST PAYMENT ON THE HARDENBERGH OPEN SPACE ACQUISITION. Motion carried, six ayes. ITEM 6-K CARLSON REAL ESTATE COMPANY. (94014) MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-611 APPROVING PRELIMINARY PLAT, GENERAL DEVELOPMENT PLAN, SITE PLAN AND CONDITIONAL USE PERMIT AND VARIANCE FOR CARLSON REAL ESTATE COMPANY FOR A SUPERAMERICA CONVENIENCE STORE AND A CLASS 2 RESTAURANT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 1-494 AND COUNTY ROAD 6 (94014). Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 4 ITEM 6-L NEW HOME SERVICES. INC. (WORD OF LIFE CHURCH) (95004) MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-612 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR NEW HOME SERVICES, INCORPORATED, FOR PROPERTY LOCATED AT 1230018TH AVENUE NORTH (95004). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-613 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR NEW HOME SERVICES, INCORPORATED, FOR PROPERTY LOCATED AT 12300 18TH AVENUE NORTH (95004). Motion carried, six ayes. ITEM 6-M ESTABLISH SPECIAL CLOSED COUNCIL MEETING FOR NOVEMBER 14 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-614 ESTABLISHING NOVEMBER 14, 1995 AS A SPECIAL CLOSED CITY COUNCIL MEETING TO CONDUCT THE CITY MANAGER'S ANNUAL EVALUATION. Motion carried, six ayes. ITEM 6-0 ACCEPT QUARTERLY FINANCIAL REPORT MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to accept the Third Quarter 1995 Financial Report. Motion carried, six ayes. ITEM 6-P AWARD BID ON WEST MEDICINE LAKE PARK, PROJECT 330 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-615 AWARDING BID, WEST MEDICINE LAKE PARK IMPROVEMENT - PHASE I, CITY PROJECT NUMBER 330. Motion carried, six ayes. ITEM 6-0 APPROVE PLANS AND BUDGET FOR CITY COUNCIL CHAMBERS RENOVATION PROJECT MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-616 APPROVING PLANS AND CONSTRUCTION BUDGET OF $668,000 FOR THE CITY COUNCIL RENOVATION PROJECT AND AUTHORIZING RELEASE OF BID DOCUMENTS. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 5 ITEM 6-R APPOINT SUBCOMMITTEE TO INTERVIEW FOR HRA VACANCY MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-617 APPOINTING SUBCOMMITTEE TO INTERVIEW FOR HRA VACANCY. Motion carried, six ayes. ITEM 6-U APPROVE REVISED HRA MANAGEMENT SERVICES AGREEMENT MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-618 APPROVING A REVISED MANAGEMENT SERVICES AGREEMENT WITH THE PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Motion carried, six ayes. ITEM 6-V APPROVE CONSULTANT FOR YOUTH SPORTS FACILITIES COST ESTIMATES MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-619 APPROVING COST ESTIMATES FOR THE RECREATIONAL SPORTS FACILITIES REPORT. Motion carried, six ayes. ITEM 6-W MODIFICATION TO TAX INCREMENT DEVELOPMENT DISTRICT NO. 7 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-620 AUTHORIZING THE PREPARATION OF A MODIFICATION TO DEVELOPMENT DISTRICT N0. 7 AND PUBLICATION OF PUBLIC HEARING NOTICE THEREFORE. Motion carried, six ayes. ITEMS 6-X AND 6-Y SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-621 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CARLSON COMPANY/CARLSON CENTER 12TH ADDITION (94088). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-622 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, MINTERWEISMAN (94095). Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 6 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-623 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CARLSON REAL ESTATE COMPANY/FORMER J.C. PENNEY BUILDING (94147). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-624 REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE, CALIBER DEVELOPMENT CORPORATION/ANNAPOLIS BUSINESS CENTRE (95029). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-625 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, UNITED PROPERTIES/DAILY PRINTING (94021). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-626 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, RYAN CONSTRUCTION COMPANY/AMERIDATA (93140). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-627 RELEASING SITE IMPROVEMENT PERFORMANCE GUARANTEE, BANNER ENGINEERING (93126). Motion carried, six ayes. ITEM 6-Z APPROVE REDUCTION OF DEVELOPMENT CONTRACT FINANCIAL GUARANTEES MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-628 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-629 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (93112). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-630 REDUCING REQUIRED FINANCIAL GUARANTEE, PLYMOUTH POINTE ADDITION (92034). Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 7 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-631 REDUCING REQUIRED FINANCIAL GUARANTEE, BRIDLEWOOD FARM 3RD ADDITION 93021). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-632 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 2ND ADDITION (93096) Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-633 REDUCING REQUIRED FINANCIAL GUARANTEE, HOLLY CREEK 3RD ADDITION (94124). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-634 REDUCING REQUIRED FINANCIAL GUARANTEE, THE PONDS AT BASS CREEK ADDITION 93106). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-635 REDUCING REQUIRED FINANCIAL GUARANTEE, COURTYARDS OF FRENCH CREEK ADDITION (93034). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-636 REDUCING REQUIRED FINANCIAL GUARANTEE, QUAIL HOLLOW ADDITION (93134). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-637 REDUCING REQUIRED FINANCIAL GUARANTEE, BOULDER CREST ADDITION (90095). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-638 REDUCING REQUIRED FINANCIAL GUARANTEE, AUTUMN HILLS 2ND ADDITION (94005). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-639 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 2ND ADDMON (94106). Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 8 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-640 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 3RD ADDITION (94058). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-641 REDUCING REQUIRED FINANCIAL GUARANTEE, BOULDER RIDGE 3RD ADDITION (93013). Motion carried, six ayes. ITEM 6 -AA SET HEARING ON VACATION OF EASEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-642 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR PONDING, OUTLOT B, THE PONDS AT BASS CREEK. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-643 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE EASEMENT FOR PONDING PURPOSES, OUTLOT A, PHEASANT TRAIL. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-644 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS LOTS 1, 2, 3, AND 49 BLOCK 19 COURTYARDS OF FRENCH CREEK. Motion carried, six ayes. ITEM 6 -BB STREET LIGHT IMPROVEMENTS IN WALNUT GROVE POND ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-645 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, WALNUT GROVE POND ADDITION. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-646 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, WALNUT GROVE POND ADDITION. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 9 ITEM 6 -CC APPROVE "NO PARKING" ON PEONY LANE, PROJECT 502 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-647 AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON PEONY LANE BETWEEN STATE HIGHWAY 55 TO THE NORTH PROPERTY LINE OF THE WAYZATA HIGH SCHOOL SIGHT, CITY PROJECT NO. 502. Motion carried, six ayes. ITEM 6 -DD CHANGE ORDER NO.3 FOR NEW COUNTY ROAD 9 IMPROVEMENTS, PROJECT 310 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-648 APPROVING CHANGE ORDER NO.3 FOR NEW COUNTY ROAD 9 IMPROVEMENTS, CITY PROJECT NO. 310. Motion carried, six ayes. ITEM 6 -EE APPROVE AGREEMENT WITH SOO LINE RAILROAD AND SPRINT COMMUNICATIONS COMPANY, PEONY LANE IMPROVEMENTS, PROJECT 502 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-649 APPROVE AGREEMENTS WITH THE SOO LINE RAILROAD FOR THE CONSTRUCTION OF PEONY LANE, CITY PROJECT NO. 502. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-650 APPROVE REIMBURSEMENT AGREEMENT WITH SPRINT COMMUNICATIONS COMPANY L.P. FOR THE CONSTRUCTION OF PEONY LANE, CITY PROJECT NO. 502. Motion carried, six ayes. ITEM 6 -FF AGREEMENT WITH HENNEPIN COUNTY FOR PEDESTRIAN TRAFFIC SIGNAL ON NORTHWEST BOULEVARD MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-651 APPROVING AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A PEDESTRIAN ACTUATED TRAFFIC CONTROL SIGNAL, COUNTY ROAD 61 AND BASS LAKE PLAYFIELD, CITY PROJECT NO. 417. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 10 ITEM 6 -GG HIGHWAY 55 TRAFFIC SIGNAL REVISION. PROJECT 532 MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-652 HIGHWAY 55 TRAFFIC SIGNAL REVISIONS, CITY PROJECT NO. 532. Motion carried, six ayes. ITEM 6 -HH U -S HOME CORPORATION. APPROVE LOT DIVISION IN WEST BRANCH ADDITION (95101) MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-653 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR U -S HOME CORPORATION FOR PROPERTY LOCATED AT LOTS 5 AND 23, BLOCK 159 WEST BRANCH ADDITION RPUD 92-7) (95101). Motion carried, six ayes. ITEM 6 -JJ ACCEPT D.A.R.E. CONTRIBUTION FROM HOLIDAY FOODS AND KIMBERLY CLARK MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to accept the DARE contribution from Holiday Foods and Kimberly Clark and authorize the purchase of DARE workbooks or other products used for instructing DARE in the schools. Motion carried, six ayes. ITEM 6 -KK PROVIDE FOR SALE OF GENERAL OBLIGATION TAX MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-654 PROVIDING FOR THE SALE OF 7,6659000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995. Motion carried, six ayes. ITEM 6 -LL AUTHORIZE REIMBURSEMENT FOR PEONY LANE PROJECT COST MOTION was made by Councilmember Helliwell, seconded by Councilmember Wold, to adopt RESOLUTION 95-655 DECLARING OFFICIAL INTENT OF THE CITY OF PLYMOUTH, MINNESOTA, TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS. Motion carried, six ayes. 6-N ORDINANCE REVISION RELATING TO SIDEWALK TRAILS MAINTENANCE BY PRIVATE OWNERS Manager Johnson stated that earlier this year, the Council adopted an ordinance relating to the construction and maintenance of sidewalks throughout the City. Regular Council Meeting October 24, 1995 Page 11 Affected residents who would be required to maintain their abutting sidewalks under the new ordinance have not yet been notified. He recommended that this ordinance would benefit from more time to consider the pending street width street policy, the results of the recent citizen survey, the responsibility for sidewalk maintenance in existing development agreements or homeowners association documents, the exact map delineating maintenance responsibilities, the lateness in the season to notify potentially affected property owners about winter maintenance responsibilities, and the financial considerations and liabilities that may be involved. He recommended that enforcement of this ordinance be suspended until these issues are addressed. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adopt ORDINANCE 95-50 AMENDING CHAPTER VIII OF THE PLYMOUTH CITY CODE CONCERNING SIDEWALKS, suspending the enforcement of Section 820 through May 1, 1996. Motion carried, six ayes. ITEM 7-A HEARING TO CONSIDER LIQUOR LAW VIOLATION OF DEE' S LIQUOR. INC. Manager Johnson recommended that the hearing to consider the liquor law violation of Dee's Liquor, Inc., be opened. The licensee has requested that the hearing be continued to a future meeting, as they were unable to attend this evening. Mayor Tierney opened the hearing to consider the suspension, revocation, or other action for liquor law violation of Dee's Liquor, Inc., 4000 Annapolis Lane. No one appeared. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to continue the hearing to November 21, 1995. Motion carried, six ayes. ITEM 7-B ADOPT ASSESSMENTS FOR DELINQUENT FIRE ALARM PERMIT FEES Finance Director Hahn presented the staff report on 1995 past due false fire alarm permit fees. Mayor Tierney opened the assessment hearing at 7:20 p.m. on delinquent fire alarm permit fees. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-656 ADOPTING ASSESSMENTS, 1995 PAST DUE FALSE FIRE ALARM PERMIT FEES. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 12 ITEM 7-C ASSESSMENT HEARING ON 1995 DELINQUENT WATER SEWER, RECYCLING AND STREET LIGHTING CHARGES Finance Director Hahn presented the staff report on the public hearing for 1995 delinquent water, sewer, recycling and street lighting service charges, unpaid annual street lighting for unimproved parcels, and unpaid annual recycling fees. Mayor Tierney opened the assessment hearing at 7:22 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-657 ADOPTING ASSESSMENTS, 1995 UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-658 ADOPTING ASSESSMENTS, 1995 DELINQUENT WATER, SEWER, RECYCLING, AND STREET LIGHTING SERVICE CHARGES. Motion carried, six ayes. ITEM 7-D ASSESSMENTS FOR 1995 WEED ERADICATION AND DESTRUCTION Finance Director Hahn presented the staff report on the public hearing for 1995 weed eradication and destruction, Roll 1. Mayor Tierney opened the assessment hearing at 7:24 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-659 ADOPTING ASSESSMENTS, 1995 WEED ERADICATION AND DESTRUCTION, ROLL 1. Motion carried, six ayes. ITEM 7-E ASSESSMENT HEARINGS Public Works Director Moore described the scheduled assessment hearings for five public improvement projects. The City Council previously held public improvement hearings on each project, and the affected property owners had an opportunity to address the Council on the proposed improvements at that time. Following the improvement hearings, the Council directed that the improvements be installed. The projects are now substantially completed. Assessment hearing notices were mailed to property owners proposed to be assessed with the proposed amount of the assessment, and a notice was published in the official newspaper. He stated that following the public hearing, the Council can adopt or modify the Regular Council Meeting October 24, 1995 Page 13 assessments, or table the proposed assessments for further consideration. He explained that if any property owner wants to protect their right to appeal their assessment to the District Court, they must submit a written objection at this meeting. ITEM 7-E-1 ASSESSMENT HEARING, PROJECT 213, SCHMIDT LAKE ROAD Public Works Director Moore presented the staff report on the proposed assessments for Project 213, Schmidt Lake Road. In response to a question by Councilmember Lymangood, Director Moore stated that the remaining minor driveway work and sod installation is scheduled to be completed this year. Property owners should call any problems to the attention of the City engineering staff for resolution. Mayor Tierney opened the assessment hearing on Project 213, Schmidt Lake Road/Fernbrook Lane street and utilities at 7:30 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-660 ADOPTING ASSESSMENTS, CITY PROJECT NO. 213, SCHMIDT LAKE ROAD/FERNBROOK LANE, WATER AREA. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-661 ADOPTING ASSESSMENTS, CITY PROJECT NO. 213, SCHMIDT LAKE ROAD/FERNBROOK LANE. Motion carried, six ayes. ITEM 7-E-2 ASSESSMENT HEARING, NEW COUNTY ROAD 9. PROJECT 310 Director Moore stated that since the initiation of Project 310, a portion of the adjoining property has been platted into the Sugar Hills 2nd and 3rd Addition. At the time the plats were approved by the City creating the lots, pending assessments were indicated against each lot for the New County Road 9 improvements. On properties which have now been purchased from the developer, the closing company normally requires that twice the amount of the pending assessment be placed in escrow if the developer is responsible for the assessment. The developer could also pass the future assessment to the new property owner, but it would be disclosed as part of the purchase agreement. Mayor Tierney opened the assessment hearing on Project 310, New County Road 9, at 7:32 p.m. No one appeared, and the hearing was closed. Regular Council Meeting October 24, 1995 Page 14 MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adopt RESOLUTION 95-662 ADOPTING ASSESSMENTS, CITY PROJECT NO. 310, COUNTY ROAD 9 (TRUNK HIGHWAY 55 TO VICKSBURG LANE) STREET AND UTILITY IMPROVEMENTS. Motion carried, six ayes. ITEM 7-E-3 ASSESSMENT HEARING, HIGHWAY 55 NORTH FRONTAGE ROAD, PROJECT 406 Director Moore explained that the only property being assessed for this improvement is the Holiday Station Store. The final assessment is approximately 6,400 more than the estimated assessments because changes were made to the project at the request of Holiday. Additional right-of-way was acquired to lessen the roadway curve, and the City constructed a fence along the trailer court which was the responsibility of Holiday. Mayor Tierney opened the assessment hearing at 7:35 p.m. on project 406, Highway 55 North Frontage Road. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 95-663 ADOPTING ASSESSMENTS, CITY PROJECT NO. 406, HIGHWAY 55 NORTH FRONTAGE ROAD, LOT 1, BLOCK 1, HOLIDAY ADDITION, STREET IMPROVEMENTS. Motion carried, six ayes. ITEM 7-E-4 1995 STREET RECONSTRUCTION, PROJECT 501 Public Works Director Moore explained that in 1986 the City initiated a street reconstruction program to protect the City's investment in the infrastructure. He described the area that was approved for reconstruction in 1995. He said that properties are proposed for assessment at the rate of $937 per unit for single family lots, and $708 per unit for commercial/industrial properties. In addition, the Ranchview Lane area includes assessments for concrete curb and gutter, and storm sewer. Director Moore explained that 30 percent of the average cost of the entire reconstruction program is assessed to the benefited properties, with the balance paid by the City. The total cost for the 1995 Street Reconstruction Program is approximately $1.6 million, with the City paying just under $1.2 million. Mayor Tierney opened the assessment hearing at 7:40 p.m. on Project 501, 1995 Street Reconstruction. Phil Wenzel, 3900 Glacier Place, stated that the reconstruction program is a good value for citizens, but questioned the wisdom of reconstructing the cul-de-sacs as often as other areas. The cul-de-sacs have far less traffic and do not need Regular Council Meeting October 24, 1995 Page 15 reconstruction as often as the through streets. He supported the decision to install yard drainage with the project. Councilmember Helliwell stated that streets are not scheduled for reconstruction unless need is shown. Director Moore added that some cul-de-sacs may need only an asphalt overlay rather than complete reconstruction. He said that yard drains could not be added unless the cul-de-sacs were also constructed along with the through portion of the street. Also, it is more economical for the overall reconstruction program to do entire areas at one time, rather than small areas throughout the City as one project. Andrew Villalobos, 14310 - 40th Avenue North, objected to the proposed assessment for his twin home property. He questioned the fairness of the proposed assessments for properties on 40th Avenue North, 40th Place North, and Glacier Lane. He stated that the twin homes abutting these streets are paying the same assessment rate as single family homes on larger lots with longer street frontage. Jim Jesindorf, 515 Ranchview Lane, asked how the assessment rate was derived. Public Works Director Moore responded that in addition to street reconstruction on the Ranchview Lane project, concrete curb and gutter and storm sewer was added. The proposed assessments are based on a per unit assessment basis of 937 per single family home, plus $29.30 per front foot for concrete curb and gutter. He said that unit assessments are used in the Reconstruction Program rather than front footage for street reconstruction Manager Johnson reminded residents that written objections must be submitted at this hearing in order to retain the right to appeal their assessment to District Court. Councilmember Edson asked for clarification on which residents have submitted a written objection to their assessment. Clerk Ahrens read the 10 objections submitted. Mayor Tierney closed the assessment hearing. MOTION was made by Councilmember Edson, seconded by Councilmember Wold, to adopt RESOLUTION 95-664 ADOPTING ASSESSMENTS, CITY PROJECT NO. 501, 1995 RECONSTRUCTION PROGRAM, STREET IMPROVEMENTS; AND RESOLUTION 95-665 ADOPTING ASSESSMENTS, CITY PROJECT NO. 501,1995 RECONSTRUCTION PROGRAM, STREET IMPROVEMENTS, tabling until November 21 the proposed assessments for the 10 properties for which written objections were received. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 16 ITEM 7-E-5 26TH AVENUE EUPROVEMENTS, PROJECT 601 Public Works Director Moore stated that in 1994, the City Council ordered the improvement of 26th Avenue North between Medicine Ridge Road and Highway 169. The Council directed that the street would be 32' wide, with no trail. Abutting properties were proposed to be assessed for the installation of curb and gutter, and storm sewer. Also, properties were proposed to be assessed for widening of the roadway from 22' to 32'. He said that at the public improvement hearing, the overall cost per front foot was estimated at $45.64. The final proposed assessment cost is $45.39 per front foot. Although the final cost of storm sewer and street widening exceeded the estimate, staff is proposing that the project be assessed at the initial estimated rate. He stated the street reconstruction rate was estimated based on 1993 rates, and staff is proposing assessments based on the 1994 rates. The overall project cost is $298,000, of which $95,227 is proposed to be assessed. Assessments are proposed over a 10 year period at 7 percent interest. In response to a question by Councilmember Lymangood, Director Moore stated the street reconstruction rate increased from $873 to $916 from 1993 to 1994. That amount was divided out on a front footage basis to determine the proposed assessments. He said the rates are annually determined based on the construction cost index. The 1994 street reconstruction per unit rates are proposed because the Council ordered the improvement in 1994. Mayor Tierney opened the assessment hearing at 8:00 p.m. on Project 601, 26th Avenue North street improvements. Thomas Zaun, 9700 - 26th Avenue North, submitted a written objection to the assessment. He said that the sodding work abutting his property is not completed. He doesn't believe the assessments should be levied until all work is completed. Sandy Peterson, 9730 - 26th Avenue North, submitted a written objection to the assessment. She said that the neighborhood favored a 28' roadway width, and it was the City Council's decision to construct a 32' roadway width. She said that a 28' width would have been acceptable under Minnesota State Aid Standards, and the neighborhood is getting no benefit from the wider street. She said that her proposed assessment is 2.9 percent of the assessed value of her home. Bill Thompson, 9640 - 26th Avenue North, objected to the width of the street and the high assessment cost. He said the street widening was done to accommodate the through traffic on this street. He cited traffic counts of 4,937 vehicles in a 24- hour period, and 278 and 260 vehicles in one-hour periods. Mr. Thompson stated that there is no direct benefit to residents of the street widening, and residents are paying for a street to handle the through traffic. He said that the total project bid of $219,380 was awarded to Valley Paving, of which $16,000 is being used Regular Council Meeting October 24, 1995 Page 17 elsewhere in the City. Mr. Thompson stated that the City's Reconstruction Policy indicates that the cost to be assessed shall be the actually cost of the concrete curb and gutter which will be assessed on a front foot basis. However, the policy states that the cost of street widening may be assessed. Linda Thompson, 9640 - 26th Avenue North, stated that residents are being required to pay for a 32' wide street, when they wanted only a 28' wide street. She said that the proposed assessment for their property is $7,716.30, which is 11 percent of their gross annual income. She said that they will eventually pay 10,729.20 for this project because they can't afford to pay it this year and, therefore, must pay the assessment with interest over 10 years. Mrs. Thompson said that the residents are receiving no benefit from the wider street, and will be faced with increased traffic and speeding. Also, the project is not completed. She asked if City -owned property abutting the street is included in the assessed portion of the project. Stan and Ruth Lueck, 9710 - 26th Avenue North, agreed with the previous comments relating to assessment cost. They requested a reduced assessment, noting that they will have to pay $400 per month for the assessment. Their driveway work and sod is not finished, and water is running to the east onto the Zaun's property. Mayor Tierney closed the assessment hearing at 8:14 p.m. Councilmember Edson stated there are a number of issues to be addressed and suggested that individual meetings be held prior to action on the assessments by the Council. Public Works Director Moore reported that there is minor driveway and sod work remaining on the project. However, the City is holding a sufficient retainage from the contractor to ensure completion of the project. Councilmember Helliwell stated that she had not supported the 32' wide streets on this project because she didn't believe the wider streets fit with the neighborhood. She asked about the assessments for the City -owned property. Director Moore responded that the City owns a tax forfeiture property which is in use as right-of-way for the alley. It is not buildable, and the City does not assess itself for street right-of-way. He said that staff will contact each resident who submitted objections at the hearing. A resident requested that a councilmember also be present at the neighborhood meetings. Councilmember Edson offered to attend the meetings. Regular Council Meeting October 24, 1995 Page 18 MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 95-666 ADOPTING ASSESSMENTS, CITY PROJECT NO. 601, 26TH AVENUE NORTH (BETWEEN MEDICINE RIDGE ROAD AND STATE HIGHWAY 169) STREET IMPROVEMENTS, tabling until November 21 the four assessments for which written objections were submitted. Motion carried, six ayes. ITEM 8-A CONSIDER EXTENDING INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN PLATS (95056) Community Development Director Hurlburt stated that on May 2, 1995, the Council adopted Ordinance 95-27, an interim ordinance temporarily prohibiting platting of land planned or zoned for commercial and industrial uses. The moratorium will expire on November 1, 1995, unless the Council adopts an ordinance extending its duration. She explained that the moratorium was established because the Council was concerned that industrial and commercial development would have an adverse effect on adjacent residential development unless changes to the City's official controls were adopted. The moratorium would give the City time to complete a number of planning studies, including new commercial and industrial zoning classifications, development standards for commercial and industrial uses, revised requirements and procedures for site plans, conditional use permits, and PUD's, updating the Subdivision Code, and reviewing the land use and transportation elements of the Comprehensive Plan. She said that the City Council now has several alternatives: allow the interim ordinance to expire, extend the interim ordinance as written for an additional time period, or modify the interim ordinance to narrow or broaden its scope, and extend it for an additional time. She said that staff has found little benefit to the moratorium over the last six months, and recommended that the moratorium be allowed to expire. Councilmember Anderson asked when the Zoning Ordinance revisions would be adopted. Director Hurlburt responded that the Planning Commission will be discussing the first draft of the Zoning Ordinance amendments at their next meeting. Public hearings on the amendments would likely be held in January and February. Councilmember Wold stated that it is his understanding that when the new ordinances are adopted, the Council can include the provision that any development proposal that has not received final approval must meet the new ordinance requirements. No further action was taken by the Council. The interim ordinance will expire on November 1, 1995. Regular Council Meeting October 24, 1995 Page 19 ITEM 8-B (6-S AND 6-1) STATUS REPORTS ON ELM CREEK CLUSTER PLANNING AND METROPOLITAN LIVABLE COMMUNITIES ACT Councilmember Anderson stated that he does not wish to accept or agree to anything relating to Elm Creek Cluster Planning or the Metropolitan Livable Communities Act because no public input has yet been received on the future of Northwest Plymouth. He is concerned with taking any action without first hearing from area residents, and he believes that the public hearing process should already be underway. Community Development Director Hurlburt stated that the reports provided to the Council on the Elm Creek Cluster Planning Process and Metropolitan Livable Communities Act are status reports only to provide information from staff to Council. The staff is not asking the Council to agree to anything at this time. City Manager Johnson explained the timing related to the two projects. He said the City has another six months to work on the Elm Creek Cluster Planning process, while the decision of whether to participate in the Livable Communities Act must be made soon. He suggested that the City Council conduct a study session to consider the issue in the next month. Community Development Director Hurlburt stated that November 15 is the deadline to decide whether to participate in the Livable Communities Act. She said that the housing goals will be written in such a way that they don't assume expansion of the Metropolitan Urban Service Area (MUSA) in Plymouth. MOTION was made by Councilmember Anderson, seconded by Councilmember Wold, to receive the status report on the Elm Creek Cluster Planning Process and the status report on the Metropolitan Livable Communities Act, with the intention that the City Council will conduct a study session on these issues before December 8. Councilmember Edson stated that he has reviewed these issues through the Housing and Redevelopment Authority. He doesn't believe that it is a question of whether Plymouth will participate. The City would be agreeing to have some housing goals that are yet to be established. The City must participate in order to receive money that is allocated for this program. Director Hurlburt explained that if Plymouth agrees to participate in the program for a one year period, it would be agreeing to negotiate housing goals with the Metropolitan Council. Motion carried, six ayes. Regular Council Meeting October 24, 1995 Page 20 ITEM 9-A APPOINTMENT OF SUBCOMMITTEE TO REVIEW MINOR COLLECTOR STREETS Mayor Tierney stated that for some time the City has considered issues relating to minor collector streets. She suggested that a Council Subcommittee be established to consider information that the City has gathered on minor collector streets, meet with affected neighborhood groups, discuss solutions, and make recommendations to the City Council. She suggested that the South Shore Drive situation be used as a model where meetings were held with the neighborhood and eventually speed humps, stop signs, and enforcement actions were recommended to resolve traffic problems. MOTION was made by Councilmember Wold, seconded by Councilmember Anderson, to form a rotating Council Subcommittee for Minor Collector Streets depending on the location of the street consisting of the Mayor, the Ward Councilmember, and one At -Large Councilmember. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adjourn the meeting at 8:40 p.m. Motion carried, six ayes. Laune F. Ahrens City Clerk